Have you been arrested for domestic violence in Madison, WI? Call Eisenberg Law Offices, S.C. for a free consultation at (608) 602-4396. Our Madison domestic violence lawyers can defend you throughout the life of your case, including at trial if needed.
We are a well-established law firm in Madison with 140 years of combined experience. Our defense attorneys have helped clients throughout Dane County respond to all types of criminal charges and are confident we can do the same for you to the best of our ability.
We can provide you with some initial legal advice during your free consultation, so call today.
Eisenberg Law Offices, S.C. has been serving the Madison community for decades. Our criminal defense attorneys understand the local court system inside and out, and we know how to build a defense that protects both your rights and your future.
Here are some of the reasons our clients trust our domestic violence lawyers in Madison, WI, with their cases:
The prosecution is already working against you. The sooner you bring in a defense attorney, the stronger your position will be. Call our Madison criminal defense attorneys today to get started with a free case review.
One of the most important things to understand about domestic violence charges in Wisconsin is that domestic abuse is not a standalone crime. Under Wisconsin Statute § 968.075, domestic abuse is a designation that gets attached to an underlying criminal charge based on the relationship between the accused and the alleged victim.
The underlying charge is what determines the potential penalties. However, the domestic abuse label adds a layer of consequences that can significantly change the outcome.
The statute defines domestic abuse as any of the following acts committed by an adult against a spouse, former spouse, someone they currently live with or formerly lived with, or someone with whom they share a child:
Since the definition is so broad, a wide range of conduct can lead to a domestic violence arrest. The most common underlying charges in these cases include disorderly conduct and intimidation of a victim. However, even a loud argument that draws a neighbor’s call to police can result in an arrest and charges if the responding officers believe one of the acts listed above took place.
The consequences of a domestic violence arrest in Wisconsin begin long before any court hearing takes place. Knowing in advance what happens in the hours and days following the arrest is essential because missteps during this period can lead to additional charges and make your overall situation significantly worse.
Wisconsin law requires officers to make an arrest if they have probable cause to believe domestic abuse occurred and they believe the abuse is likely to continue or that the victim has been physically injured. Unlike many other types of offenses, officers in these situations do not have the discretion to simply issue a citation and leave. An arrest is mandatory.
Once the arrest is made, a 72-hour no-contact order goes into effect unless the alleged victim waives it in writing. During that period, you are prohibited from:
Violating this no-contact order is a separate criminal offense that can result even if the original charge is eventually dropped.
The penalties you face will depend on the underlying criminal charge and whether any enhancers apply. As domestic abuse is a modifier rather than a standalone offense, the range of consequences can vary widely from case to case.
Some of the most common charges and their potential penalties include:
If the domestic abuse enhancer under § 939.621 applies, a misdemeanor can be elevated to a felony, and the maximum prison sentence can increase by up to two years. A $100 domestic abuse surcharge may also be imposed on a conviction that carries the domestic abuse designation.
Repeat offenders face even steeper consequences. If you have two or more prior domestic abuse convictions within the past ten years, the penalty enhancer applies automatically regardless of whether the new offense occurred during a 72-hour no-contact period.
The penalties imposed by the court are only part of the picture. A domestic violence conviction can create a ripple effect that touches nearly every area of your life, and many of these consequences are difficult or impossible to undo.
Some of the most significant collateral consequences include:
Given how far-reaching these consequences are, fighting the charges aggressively from the start is often the most important thing you can do to protect your future. Our domestic violence attorneys know what is at stake and will build a defense that accounts for every potential outcome.
The prosecution must prove every element of the charges against you beyond a reasonable doubt. That is the highest standard of proof in the legal system and gives your defense attorney real room to challenge the state’s case.
Domestic violence allegations often rely heavily on one person’s account of what happened as well; an account does not always tell the full story. At the outset of your case, our Madison criminal defense lawyers will conduct a thorough investigation and determine which defense strategy gives you the strongest position.
Possible defenses in a Madison domestic violence case include:
Other defenses may also be available depending on the unique facts of your situation. Some, like self-defense, are considered affirmative defenses, meaning you will need to present evidence supporting your claim. We can advise you on which approach gives you the best chance at a favorable outcome.
Domestic violence charges in Madison, WI, carry serious consequences, but it is critical to remember that an arrest is not the same as a conviction. You are innocent until proven guilty and still have time to mount a strong defense with the right legal team behind you.
At Eisenberg Law Offices, S.C., our Madison domestic violence defense attorneys have 140 years of combined experience and are here to get to work for you next. Contact our law offices today to schedule your free consultation.
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